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Kenya

Common law

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Kenya is a common-law country that inherited English law. Its Constitution of 2010 added a strong Bill of Rights and created the Supreme Court of Kenya. Customary law and Islamic family law (through Kadhis' courts) are also recognised.

Updated October 2026. Spotted a mistake? Tell us.

Where the law comes from

  • The Constitution of 2010, the highest law
  • Acts of Parliament and county laws
  • English common law and equity, received through Kenyan statutes and developed by Kenyan courts
  • Customary law and Islamic law, in matters such as personal status, where the Constitution allows

The main courts

  • The Supreme Court at the top
  • The Court of Appeal, then the High Court
  • Specialised courts for employment and land, plus magistrates' courts and Kadhis' courts for Muslim family law

Becoming a lawyer

A law degree, then the Advocates Training Programme at the Kenya School of Law, and admission as an advocate by the High Court.

What may surprise you

  • Kenya's Bill of Rights can apply to relations between private persons, not only against the government.
  • Special courts exist for employment and land disputes.
  • Kadhis' courts apply Islamic law to Muslims in family and inheritance matters if the parties agree.
  • Kenya's counties (devolved governments) can make laws on matters assigned to them by the Constitution.

Related systems

How this country is classified

The University of Ottawa’s JuriGlobe database lists Kenya as: Common law, Customary, Muslim. It names the systems in order of importance.

The map colours a country by the first-named system, and shows both civil-law and common-law countries as “mixed”. It is a simplification, and real systems are rarely pure.

Other countries in the same family

Sources

Sources last reviewed: October 2026.

TheLawToKnow Tools’s Legal Families Atlas is an educational overview. It simplifies on purpose, and it is not legal advice. For a real legal question about Kenya, consult a lawyer qualified there. Report a mistake.